A sentence of probation without conviction for attempted indecent treatment of a child under 12 is not manifestly inadequate where the offence involved no actual touching, the offender immediately desisted, the offence was not premeditated, was committed in the presence of others, and the offender demonstrated genuine remorse with strong rehabilitative prospects. The non-recording of a conviction for a sexual offence against a child remains available in exceptional cases, particularly where the contact was minimal or non-existent and the consequences of conviction on the offender's career and immigration status are severe.
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